Resolution 94-747REEOLUTZ ON NU. 94-147
ERE X991, the v of Seminole County
passed 10-ye 1 option sales Sartex fox major
iraneporcation ~~ and
ent Angeline oad w
identlliedN fox ACity _ en ~a~ion ae add.ressed in the Cityre
comprehensive elan, and
the ty preparing rnto
professionalPR act sto obtain design en f =
Rangel ine oade v tilizi ng tT.evenue i.roni the 1 Ceni Eales Tax
aam~.nistered by the County,
1. That the a ached exlocal Agreement Betc~een Seminole
County and the city tof Longw ud Relating t ending of Eesign
Th.xoaah C of Rengetine Aoad~~ iv hereby edopted and made
a part of thisu resolution by reference thereto.
'-'- -- -'-"' `-- use and reliance of the=
~woc
. ..ct.i.ng city Attorney
EEMENT B
RELATINGETONFU UGHNCONETRUCTION
NE AOA-
S ZNTEALOCAL AGREEM6 , is made and entered into this
~c~L day of M(~A P,QJ 1994, by and between sEMINOLE
COUNTY, a political subdivision of the State of Florida, whose
aaaress es the semrnole county services Building, 1101 East Frrst
Street sanf ord, Florrda J2"171 (hereinafter ref erretl to as the
COUNTY') and the CITY OF LONGWOO-, a Florida municipal corpora-
tion, whose address is 1"!5 West Warren Avenue, Longwood, Florida
32750 (he eeinafter referred to as "LONGWOOD"f.
w i T N E 8 8 E T N.
WHEREAS, an April ana May of 1991 the COUNTY entered an
Intezlocal Agreement with four (4) municipalities within seminole
~ County which Agreement is entitled "Seminole County Transportation
Plan Inte rlocal Agreement" which relates to road projects to be
funded with local government infrastructure sales surtax peoceeds~
and
WHEREAS, LONGWOOD is not a party to the 1991 Inteelocal
Agreement; and
WHEREAS, improvements to Rangel ine Road between State Road 434
to E. E. Williamson Road/Longwood Hills Road (hereinafter the
Rangeline Aoad Road Improvement Project" or "Project") was listed
as a road improvement project to be accomplished with local
government inf [astructure sales surtax proceeds, and
wH£REAS, Ue Aangeline Road Road Improvement Project is,
pursuant to the 1991 rnterlocal agreement, to be implemented by
_ ~, I CEAiIFIEO COPY
' MAPYANNE MORSE
AK Z Q ~ I'G Q Z Z I SCLEPM of CIaCNi COIIAi
E. _.-._ _. ~...
I,ONGwoOil which implementation will anclutle all phases of the
project from design through construction including, but not limited
to, oonswltation servee ,ana
wxeaexs, thm cooNTZ ana Loncwooh aesire to cooperate with
reyard to accomplishing the Rangeline Road Road Improvement Project
foz the benefit of the citizens of Seminole County and require a
mechanism to provide funds from the local government infrasteucture
Agreement which are or will be on deposit with the COUNTY to be
incrementally transferred to LONGWOOU in order that Lorvewooo can
effectively lmp Sement the R geline Roatl Road Improvement Project;
ana
IiEEAEA6, this Interlocal Agreement serves a public purpose and
is authori2ed pursuant to the provisions of Chapters 125, 161 and
1 , Florida Statutes, and other applicable law:
promises, covenan agreements and commitments contained herein
and other good and valuable consideration, the receipt, adequacy
and sufficiency of which aee hereby acknowledged as to both
pa rti the parties agree as follows relative to the funding of
the Rangeline Road Road .improvement Project by the COUNTY and the
implementation of the Rangeline Road Road Improvement Project by
LONGWOOO:
aecrxoN i. RECxxaca. Tne above recitals are tree ana
correct and form a material part of this agreement upon which the
pac ties have relied.
o,c201i'c0222
sECTiON z. TERN. This Interlocal g ement shall become
effective upon apprOVal by the Governing Bodies of the COUNTY and
LONGW000 and shall remain in effect through contract close out
batwaea LoxcwooD aea all of ita coatraatora relatiwe to tna
RaOgeline Roaa Roaa Improwement erojeec.
e ECTION 3. FINANCIAL OBLZGATZON OF THE COUNT The total
f lnancial obligation of the COUNTY under this InterlocaY Agreement
is that the COUNTY she 11 reimburse LONGWOOD for legitimate and
documented expenses for [he Rangeline Road Road Improvement Project
consistent with the terms of this Interlocal Agreement up to a
total amount of EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($800,000.00). Of said s , the total amount available in COUNTY
fiscal Year 199I/1994 shall be TWO HUNDRED SEVENTY-FOUR THOUSAND
AND NO/1V0 DOLLARS ($2]4,000.00) while the remaking FIVE i{UNDRED
TWENTY-8I% THOUSAND AND NO/100 DOLLARS ($526,000.007 will be made
available upon request of LONGWOOD subsequent to COUNTY fiscal year
1991/1994 subject to fund availability. Said funds shall be solely
and exclusively derived feom the COUNTY'S infrasteuckure sales
surtax and utilized for the purposes of road improvements relating
t0 the Rangeline Road Road Improvement Project and not collateeal
programs oe projects and not programs or projects which may be
accomplished simultaneously with or in conjunction with or as a
result of the Rangeline Road Road Improvement Project; provided,
however, that intersection improvements to roads intersecting
Rangeline Road may be accomplished.
BN 20 P6~223
SECTION ~. GTAxUn of RANGELINE ROAD ROAD ZHPAOVEHENT
YnoSecx. For all purposes the Rangeline Road Road Improvement
Project shall be a project of LONGWOOD. LONGWOOD shall determine
the design standards for the project consrstent with State law and
the terms of this Interlocal Agreement, provided, however, that the
Project shall be consrstent with the improvement schedule set forth
as an exhibit to the "Seminole County Transportation Plap Interlo-
cal Agreement" (operational, safety and drainage improvements).
The parties desire to cooperate in the successful implementation of
the Project, but the COUN'lY's actions pursuant to this Interlocal
Agreement antl all other matters that the COUNTY may accomplish
relative to the Project shall be for the COUNTY s purposes and not
LONGWOOO's and the COUNTY shall not be deemed a partner or co-
venturer as to the Project. LONGWOOD shall implement the Project
through the use of contractual services with regard to design,
permitting, right-of-way acquisition (if any is requited),
construction and construction engineering and inspection as well as
any and all related services and activities in any way associated
with Ue Project.
ECTION s. LONGWOOD 6 DDTI Ee. In addition to all other
covenants, obligations, duties and responsibilities set forth
hezein, during the course of this Interlocal Agreement LONGWOOD
services from the design through the construction of the Aa ngeline
Road Road Improvement Project all in acooraance witn the c~aent
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~ers.ons of the eloriaa Department of Transportations "Maneal of
Uniform Mtnimum Standards For Des iq n, Construction And Maintenance
For Steeets And Ntghways" (1959 Edition) and the Florida Department
of Transportation's 'Standard Specifications For Road And 0riage
(b) Administer and supervise all design, surveying, apprais-
ing, envrronmental auditing, negotiating, right-Of-way acquisition,
permitting, construction, and any and all construction and project
Ra ngeline Road Road Impeovement Project rn accordance with the
plans and contract documents; provided, however, that such efforts
shall be coordinated with the semi no le County Engineer to the
e zte nt reasonably practica bi e.
(c) Review and approve atl payment Bequests sn bm fitted for
Ra ngeline Road Road Impeovement Project and provide copies of same
to the COUNTY within seven (]) calendar days after receipt of same.
Invoices for county reimbursement shall be submitted to the County
Engineering Division, with a copy to the County's Comprehensive
Planning Div vsiOn to the attention of the Capital Programs Analyst.
(d7 Obtain any and all necessary lien warvers or releases in
connection with payment requests or disbursements.
(e) Furnish a full and final accounting of all costs and
principles
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fie) obtain any ana all local, rey Tonal, state ana eeaeral
permits necessary for the Ra ngeline Road Road Improvement Project.
(g) Obtain 'as built" surveys by a Florida licensed land
surveyor for the Ra ngeline Road Road 1'mproveme nt Project.
(h) Make any and all tamely and proper payments of accurate
and payable valid invoices received from any and all contractors oz
subcontractors.
(i) Provide the COUNTY with a copy of all contrac esign
plans, right-of-way maps, construction plans and "as built" surveys
on reproducible mylar material.
e£CTSON 6. COUNTY B OUTI£e. During the course of this
xnterloeal agreemenc the couxxY anall:
(a) Review copies of invoice or payment reeneete ana ais-
bursement eecords delivered by LONGW000 to the COUNTY and notify
LONGWOOD within fifteen (15) business days of any objections to
(b) Subject to the revs w period and the not to exceed amount
set forth herein, reimburse LONGWOOD foe the actual authorized and
payable costs through constructron of the Ra ngeline Road Road
Improvement Project. Payment shall be made within twenty (2U)
calendar days of receipt by the COUNTY of an invoice from LONGWOOD
indicating amounts payable by LONGWOOD to contractors or subcon-
tractors working on the Project.
(c) Cooperate with the city to the extent reasonably
practicable in the revaew of plans, permits or other matters
relating [o the Project.
¢rc'LOI~~c022G
(d) Serve as administrator of the Seminole County Transporta-
Improvements Schedule set foeth therein, Including peovidi ng far
interpretations, reasonable enforcement and implementation, and
determinations of fund availability as may be r quieed.
s ECTION 7. REMEDI E9. Each party shall have any and all
remedies as permitted by laws peovided, however, that the parties
agree to provide fo positive dialogue and communications if
disputes or disagreements arise as to the interpretation of
implementation of this Interlocal Agreement.
e ECTIDN 9. BINDING EFFECT. This Interlocal Agreement
shall bb binding upon and inure to the benefit of the parties
SECTION 10. ASSIGNMENT. 1'h is Interlocal Agreement shall
not be assigned by either party without the prior written approval
SECTION 11. PUBLIC RECOReE. LONOWOOD shall allow public
access to all documents, papers, letters or other materials which
Interlocal Agreement or the Rangeline Road Aoad Improvement
Project.
BxZOIPGOZZ7
EECxI Ox if. RECOR08 ANO AUDITE. LONGwOOD shall maintain in
its place of business all books, documents, papers and other evi-
dence pertaining to work performed under this Interlocal Agreement.
Such records shall be available at LONGWOOD's place of business at
all reasonable times during the term of this Interlocal Agreement.
SECTION 33. NoxxcEE.
(a( Whenever either party desires t g e notice unto the
other, notice may be sent to:
For the COUNTY: my M Hager
nol eaC unty 5 s Builtling
1 Fast First Streeter
Sanford, Florida Z2]]I
with a opy to. county engineer
For LONGWOOD: City _.. , .,
city x
115 W ue
Longvood,WFL J2Y50
(b) Either of the paeties may change, by written notice as
provided heeein, the addresses or persons foe receipt of notices or
invoices as described in section 5(c). All nottces shall be
effective upon receipt.
eECTxorv ia. INDEMNZFZCATION. LONGWOOD hereby agrees to
fully indemnify, save and hold the COUNTY harmless from and against
any and all damages, expenses, losses, claims, injuries and
lia bi lit.i es arising or resulting from or in connection with
LONGwOOD s or its officers, employees, agents, successors or
assigns' actions or activities relating in any way t0 the Ra ngeline
Road Road Improvement Project, and any and all claims and actions
ercZ01i'cOL28
brought by third parties resulting tram or arising in connection
with the Project. LONGWOOD agrees tD hold harmless, indemnify and
defend the COUN , its commrssrone , officers, employees and
agents against any and all clar oss amages, or lawsuits for
From, or related to the Peoj act or rn any way related to the use of
atron for the rnaemn rf rcation provided Hereto is required to be
given by the COUNTY to LONGWOOD then ONE AND NO/100 DOLLARS ($3.00
of the value for the consideration se[ forth in [his Interlocal
Agreement shall be deemed to be such specific consideration.
LONGWOOD acknowledges the adequacy and sufficiency of sar specific
consideration. LoxGwooD ana rte swCeessors ana assigns oD~enant
not to aae the couNTY for any act or omtasion relating in any way
to the constructron of the Project or the use of the completed
Project.
s ecTiox is. coxed cx oP irvxexesT. i,oxcwooU agrees that it
will not engage in any action that would create a conflict of
interest in the pe eformance of its obligations pursuant to this
Interlocal Agreement with the COUNTY or which would violate or
cause others to violate the provisions Df Part I , Chapters ,
Florida Statutes relating to ethics in government.
eECTLON 16. EgUAL OPPORTUNITY EMPLOYMENT. I,ONGWOOD agrees
that it will not discriminate agalnst any contract employee or
applicant foe employment or work under this Interlocal Agreement
because or on account of race, color, eeligion, age or
ar~01 rcO229
national origin and will rate afeirmative steps to rnsure that
pplicnnts nre ployed and employees are treated during employment
without regard to race, color, religion, s , age or national
origin. This provision shall include, but not be limited to, the
tion~ rates of pay or other foetus of compensation; and selection
for training, including apprenticeship.
e£CTION 1]. COMPLIANCE WLTN LAWS AND NN6ULATION9. In
performing under this Interlocal Agreement, the parties shall abide
by all laws, statutes, ordinances, rules, and regula ti.ons pertain-
those now 1n effect and hereafter atlopted. Any violation of said
laws, statutes, ordinances, rules, or regulations shall constitute
a material breach of this Interlocal Agreement, and shall entitle
the non violating party to terminate this Interlocal'Agreement
immediately upon delive[y of weitten notice of termination to the
violating party.
(a) Persons employed or retained by LONGWOOD in the perfor-
mance oP se [v ices antl functions pursuant to this Interlocal
Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil servrce or other employee rights
r privileges granted to the COUNTY s off rcers and employees either
by operation of law or by the COUNTY.
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(b) LONGwOOU a.,sumes total responsibility for salaries,
employment benefits, contractual rights and benefits, contract
payments, and Federal, state and Local employment taxes, if any,
atteibuta ble to LONGwOOp personnel or contractors, and agrees to
indemnify and hold the COUNTY harmless from any r sponsibility for
eecTION 2a. ENTIRE AGREEMENT. Ph rs Interlocal Agr ement
constitutes the entire agreement of t e parties with respect to the
subject matter hereof, ana may not be modified or amended except by
a wrrtten rnstrument equal in dignity herewith and executed by the
parties to be bound thereby.
eECTI ON 23. cOUNTEAPAATB. This Interlocal Agreement may be
executed in any number Of counterparts each of which, when executed
and delivered, shall be an original, but all counterparts shall
together constitute one and the same rnstrument.
seca2oN Is. xEAnlNas. All seetrons ana ascription
headings in thus Interlocal Agreement are rnserted far convenience
only, antl shall not affect the consteuction or interpretation
hereof.
SN WPTNE88 WNEAe the parties hereto have caused this
Agreement to be executed on the day and year first above written.
ATTesT: c1TY oe/ boxcwaan
E I I, City Clerk PAUL [AVES'1'RANU, ayor
Oete: ~ /% > y
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02/09/99
02/0']/99
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